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(영문) 광주고등법원 2017.08.10 2017누3143
해임처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Details of the disposition;

A. The Plaintiff was appointed as early childhood education and full-time lecturer at B University on March 10, 2005, and served as early childhood education and assistant professor from around 2008.

B. 1) On December 30, 2014, the Early Childhood Education Department of the Plaintiff at B University (hereinafter “B University”) requested the Truth Investigation Committee to hold the Plaintiff’s misconduct, i.e., the Plaintiff’s 1, 2, and 3 misconduct, as seen below, in the course of consulting the Plaintiff’s early childhood education and the third-year prospective graduates at B University. (2) On January 8, 2015, six prospective graduates of B University from early childhood education and the third-year prospective graduates from B University are as follows.

The plaintiff submitted a petition about the plaintiff's misconduct, such as the 1, 2, and 3 misconduct.

3) On January 5, 2015, B University organized a fact-finding committee to investigate the Plaintiff’s misconduct, etc., and increased the number of members of the fact-finding committee through the first meeting on January 19, 2015. The chairperson of the fact-finding committee (C, E, F, G, H, and I) held meetings six times from January 19, 2015 to February 23, 2015, and submitted a report on the fact-finding committee to B, on March 4, 2015, on the following grounds: (a) the fact-finding committee held meetings six times to investigate the Plaintiff’s misconduct; (b) the Plaintiff’s misconduct, such as violation, (c) the Plaintiff’s actual results of the investigation on the Plaintiff’s misconduct; and (c) the Plaintiff’s investigation committee submitted a report on the fact-finding report: (c) the Plaintiff’s misconduct was found to constitute a result of heavy disciplinary action (e.g., dismissal).

C. On March 6, 2015, the president of B University requested a resolution of heavy disciplinary action on the ground that the Plaintiff violated his/her duty to maintain dignity by committing the following misconduct based on the findings of the Fact-finding committee on March 6, 2015.

The Local Public Officials Act provides non-compliance with the fixed class hours by voluntarily changing the fixed class hours table and failing to observe the class hours.

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